In California, penalties for attempted crimes under Penal Code 664 PC usually include a sentence of half the jail or prison time and a fine that would apply if the crime were completed.

The penalties for attempted crimes include half the sentence and fine that would have applied if the crime were completed.

However, there are notable exceptions, especially for attempted murder, which can result in a possible life sentence.

Under California law, any attempt to commit a crime is considered a crime in and of itself, whether or not the attempt was successful.

This means you can be charged, convicted, and sentenced simply for attempting to commit the crime in question. An individual can be charged with an "attempt" if they take a direct step toward completing a crime but fail or are prevented from finishing it.

While many California statutes include maximum penalties for specific attempted crimes, California Penal Code 664 PC establishes rules for sentencing when no other law specifies a penalty for the particular attempted offense.

Key Takeaways

• In California, an 'attempted crime' refers to an offense where a person intends to commit a crime and takes a direct step toward carrying it out, but the crime is not ultimately completed.
• For most attempted crimes classified as felonies and misdemeanors (PC 664), the defendant can face up to half of the prison or jail time prescribed for the completed offense.
• The offender could be subject to a fine up to half of the maximum fine permitted for the completed offense.

How Does Penal Code 664 Assign Penalties?

Penal Code 664 operates as a default sentencing guide. It dictates that, for most attempted crimes, the punishment is a fraction of what would be imposed if the crime had succeeded.

However, the law also outlines specific, harsher penalties for severe offenses like attempted murder. The penalties vary based on whether the underlying crime is a felony, a misdemeanor, or an offense punishable only by a fine.

As a general rule, PC 664 prescribes a maximum sentence for attempted crimes equal to one-half the maximum penalty for the completed crime. This includes both jail time and fines.

Based on the provisions of PC 664, the penalties for specific attempted crimes in California are structured as follows:

• Attempted Felonies: For most attempted felony offenses, the penalty is half the term that would have been served if the crime were completed. In such cases, the sentence may be served either in state prison or county jail, depending on the circumstances.
• Attempted Misdemeanors: For attempted misdemeanors, the sentence is a term not exceeding one-half of the maximum jail term for the completed crime.
• Attempted Willful, Deliberate, and Premeditated Murder: This specific attempt is punishable by life in state prison with the possibility of parole.
• Attempted Crimes with a Life or Death Maximum Sentence: For attempts of crimes where the maximum sentence for completion is life imprisonment or death (other than premeditated murder), the punishment is five, seven, or nine years in state prison.
• Attempted Murder of Protected Public Safety Personnel: If the victim is a peace officer, firefighter, or other specified custodial personnel, and the defendant knew or should have known their status, the penalty is life in prison with the possibility of parole.
• Attempted Premeditated Murder of Protected Public Safety Personnel: When the attempted murder of a protected officer is also willful, deliberate, and premeditated, the sentence is 15 years to life in state prison. The law mandates that an individual must serve at least 15 years before being eligible for parole.

What are the Additional Penalties and Enhancements?

A conviction for an attempted crime, particularly a violent felony such as attempted murder, often leads to additional, harsher consequences:

• California's Three Strikes Law: Attempted murder is classified as a "violent felony" or "strike" offense. Having a prior strike conviction can double the sentence for a new felony, and a third strike may result in a jail term of 25 years to life.
• Firearm Enhancements: Using or discharging a firearm during the attempt can result in significant additional prison time under Penal Code 12022.53 PC, ranging from an extra 10 years up to 25 years to life, depending on the details of the firearm's use and any injuries inflicted.
• Street Gang Enhancements: If the offense was committed to promote further gang activity, an additional sentence of 15 years to life may be added.
• Loss of Rights and Fines: Convictions can lead to fines of up to $10,000, victim restitution orders, and a lifelong ban on owning or possessing firearms.

Core Components: Demonstrating the "Direct Step"

In an attempt case, the dispute nearly always centers on the "Direct Step." California law mandates a step that is "direct but ineffectual." Let's review:

• An attempt does not include "mere preparation," such as buying a weapon, researching how to commit the crime, or casing a location.
• An attempt is an act that initiates the plan, making it likely to succeed unless interrupted by an external factor. For example, walking into a bank wearing a mask and with a hand on a weapon is a direct step toward bank robbery, even if you never demand money.

Common Defenses to Attempted Crime Charges

A charge for an attempted crime is a serious matter, but it is not a conviction. A skilled California criminal defense attorney can analyze the specifics of a case and build a strong defense.

The prosecution must prove that the defendant took a "direct but ineffectual act" toward completing the crime and that the act was done with specific intent. Defenses often focus on challenging one or both of these elements.

Common legal defenses for charges involving an attempted crime include:

• No Direct Step: The defense may argue that your actions did not amount to a "direct step" toward committing the crime. Mere preparation, planning, or thinking about a crime is not sufficient for an attempt. The act must go beyond preparation and be a clear move toward completion.
• Abandonment: An individual may have a valid defense if they freely and voluntarily abandoned their criminal intent before taking a final step. The abandonment cannot result from an external factor, such as the unexpected arrival of police or the realization that the crime would be too difficult to commit.
• Lack of Intent: The prosecution must prove that the defendant had the specific intent to commit the target crime. If a defense attorney can show that the defendant lacked the required mental state, the attempt charge may fail. For example, actions that were accidental or misunderstood cannot support a conviction.
• Factual Impossibility: While generally not a strong defense on its own, an attorney might argue that circumstances made it factually impossible for the crime to be completed. However, California law often holds that if the defendant intended to commit a crime and took a direct step, they are guilty of an attempt regardless of whether external factors made success impossible.

In summary, if you are under investigation or facing charges for an attempted crime, contact our criminal defense law firm at Eisner Gorin LLP in Los Angeles for a case evaluation.